Gallardo v. Spartanburg Administrator, County of et al

Filing 71

Order to Vacate 65 REPORT AND RECOMMENDATION and recommit this case to the Magistrate Judge. The clerk is directed to moot Defendants' 60 MOTION for Summary Judgment and to re-file the Motion for Summary Judgmen t and the Roseboro order. (Response to 60 Motion due by 7/23/13.) Plaintiff's 69 Motion to Adopt Pursuant to 28 U.S.C. § 1646 is granted to the extent Plaintiff seeks to continue prosecuting this case and desires this court to take notice of his new address. Signed by Honorable Mary G Lewis on 5/14/13. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Edgardo Gallardo, a/k/a Pablo Valladares,

) Civil Action No.: 7:12-1547-MGL
)
Plaintiff, )
)
v.
)
)
Spartanburg Administrator, County of; Detective )
David Taylor; Assistant Solicitor Donnie Willing; )
ORDER
Solicitor Trey Gowdy, III; Honorable J. Derham )
Cole; Attorney General Henry McMaster; and Jon )
Ozmit, Director of SCDC1,
)
)
Defendants. )
________________________________________ )
On February 25, 2013, Defendants filed a motion for summary judgment. (ECF No. 60.) On
February 26, 2013, pursuant to Roseboro v. Garrison, pro se Plaintiff Edgardo Gallardo was advised
of the summary judgment/dismissal procedure and the possible consequences if he failed to
adequately respond to Defendants’ motion. (ECF No. 61.) On March 18, 2013, the Roseboro order
was returned to the Clerk’s office marked Undeliverable/Return to Sender/Unclaimed/Unable to
Forward. Because Plaintiff was directed on June 19, 2012 to keep the court apprised of his current
address (ECF No. 7), the Magistrate Judge filed a Report and Recommendation that the complaint
be dismissed pursuant to F.R.C.P. 41(b). (ECF No. 65.)
On April 22, 2013, Report and Recommendation (ECF No. 65) was returned to the Clerk’s
office marked Undeliverable/Return to Sender/Unclaimed/Unable to Forward. On May 1, 2013,
pro se Plaintiff filed a change of address (ECF No. 70) notifying the Court of his relocation to
Mexico which was docketed upon receipt by the Clerk’s office. The envelope was postmarked

1

On October 19, 2012, Plaintiff's Com plaint was dism issed as to Defendants Honorable J.
Derham Cole, County of Spartanburg Adm inistrator, Attorney General Henry McMaster, and Director of
SCDC Jon Ozm it. (ECF No. 35)

March 7, 2013. Plaintiff also filed a Motion to Adopt Pursuant to 28 U.S.C. §1646 (ECF No. 69),
which the Court has construed as a motion to continue his current case.
In light of the most recent filings and in the interest of justice, the Court is directing the clerk
to vacate the Report and Recommendation (ECF No. 65) and recommit this case to the Magistrate
Judge. In order to preserve Plaintiff’s rights and reset the deadlines, the clerk is directed to moot
Defendants’ Motion for Summary Judgment (ECF No. 60) and to re-file the Motion for Summary
Judgment and the Roseboro order (ECF No. 61), setting the response due date to 70 days from the
date of this order to be received by the Clerk’s Office on July 23, 2013. In addition, the clerk shall
send the newly issued Roseboro order and Defendants’ renewed motion for summary judgment to
the plaintiff in a manner designed to ensure prompt delivery. Plaintiff’s Motion to Adopt Pursuant
to 28 U.S.C. § 1646 (ECF No. 69) is granted to the extent Plaintiff seeks to continue prosecuting this
case and desires this court to take notice of his new address.
IT IS SO ORDERED.
s/Mary G. Lewis
United States District Judge
May 14, 2013
Spartanburg, South Carolina

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